Annual Report from the Committee of Senior Officials The 7 th Year of the Council s Activity

Transcription

1 Annual Report from the Committee of Senior Officials The 7 th Year of the Council s Activity Presented at the Council of the Baltic Sea States Ministerial Session in Palanga on14-15 June 1999 The Secretariat Council of the Baltic Sea States Strömsborg, P.O. Box 2010 SE Stockholm Tel Fax cbss@cbss.st

2 Table of contents Annual Report from the CBSS Committee of Senior Officials (CSO) 3 Annual Report of the Working Group on Economic Co-operation 9 Annual Report of the Working Group on Democratic Institutions 16 Annual Report of the Working Group on Nuclear and Radiation Safety 27 Annual Report of the CBSS Secretariat 29

3 Annual Report from the CBSS Committee of Senior Officials (CSO) COUNCIL OF THE BALTIC SEA STATES Committee of Senior Officials 8 th Ministerial Session of the Council of the Baltic Sea States Palanga, June 1999 Report from the Committee of Senior Officials The 7 th year of the Council s Activity The CSO has held 7 meetings during the year in 5 different cities: Vilnius, Stockholm, Kaliningrad, Brussels and Reykjavik. The meetings were chaired by Ambassador Dalius Cekuolis of Lithuania. A summary of the main topics addressed at each meeting is in annex I. The CSO troika has held two meetings. The first was held in Vilnius to co-ordinate the transition from Danish to Lithuanian Chairmanship including the hand-over of the work on the establishment of the Secretariat. The second was held in Stockholm to co-ordinate the transition to Norwegian Chairmanship. Northern Dimension The CSO and the working groups have discussed the consequences for the CBSS of the "Northern Dimension for the policies of the European Union". Consideration has been given in the CSO, WGEC and WGDI to the role, which the CBSS can play in formulating and implementing this policy. It has been noted that the European Commission has suggested areas for CBSS activity in the context of the Northern Dimension. No special conclusions have been reached yet and the discussion is to be continued. Regional and municipal co-operation, cross-border co-operation The regional and municipal co-operation across the borders is increasingly seen as an engine for promoting regional integration. The CSO has taken note of the growth in cross border cooperation in the framework of Euroregions and similar forms of co-operation. The CSO has continued the practice of close contacts with the Baltic Sea States Sub-regional Co-operation and the Union of the Baltic Cities. The two organisations have been granted the status of special participant. Their representatives have participated in several meetings of the CSO. During the year a number of organisations have approached the CBSS with suggestions to examine what can be done to improve the co-ordination of EU financing instruments

4 (Interreg, Phare, Tacis). The matter has been thoroughly discussed by WGEC and the CSO. At its meeting in February, the CSO adopted conclusions on the matter, which were communicated by the Chairman of the CBSS to the two EU Commissioners responsible for the EU programmes. The CSO held a meeting in Kaliningrad in February and took the opportunity to acquaint itself with the situation in this and other Russian regions in the Baltic Sea area. In this meeting and on other occasions concerns have been expressed about some possible consequences for the regional co-operation of the enlargement of the EU and of the Schengen area. The Chairman asked the Secretariat to prepare a report on visa issues in a regional perspective. Member states have provided information to supplement this report, which was circulated at the meting in April. Together with the CBSS Commissioner s survey on conditions for travel, it may be used as background material for future discussions. The CSO has noted the intention of the CBSS Commissioner and the Secretariat to seek further clarification from experts concerning the consequences of extending the Schengen regime. Civil Security In line with the decision at the Riga meeting of the Heads of government, and the communiqué from the 7 th ministerial session more attention has been given to civil security issues. Three conferences on the subject were held during one year: Århus in June 1998, Visby in September 1998 and Palanga in May These conferences have dealt with a large number of topics for co-operation. Some of these are already subject of institutionalised co-operation while others are new. In October 1998 and April 1999 the CSO discussed the priority of the various issues falling under the heading of civil security. The WGDI was charged with the work on civil security. Economic co-operation and contacts with business At its meeting in Brussels, the CSO got a comprehensive briefing on EU policies affecting the Baltic Sea region. The CSO and WGEC have further strengthened contacts with the business community. For the first time, the CSO held a joint meeting with the Baltic Business Advisory Council in Brussels on 24 March during which the parties clarified their expectations and possibilities for future co-operation. Agreement was reached on a closer dialogue in the future, primarily through WGEC. The WGEC has conducted a survey on the implementation of the recommendations made by the Second Baltic Business Summit in January The group has elaborated a set of recommendations concerning administrative barriers to foreign direct investments. These recommendations were approved by the CSO in February. As a further step is planned a conference in Russia dealing with foreign investments in the Baltic Sea area of Russia. EuroFaculty The CSO has held three meetings with the new director of the EuroFaculty on the future of the institution and in particular its financial situation, its legal status and the possibility of reestablishing the EuroFaculty in Kaliningrad. The director has submitted a proposal for

5 establishment in Kaliningrad but financing possibilities remain to be clarified. An ad hoc group of legal experts has started the work on the legal status of EuroFaculty. The WGDI has also dealt with the EuroFaculty. Human rights and democratic institutions The CBSS Commissioner has on three occasions participated in CSO meetings and informed the CSO about his activities. Following the conference on commercial sexual exploitation of children in Tallinn in September 1998, children s issues have been discussed in the CSO and WGDI. A ministerial meeting on Children at Risk was held in March The CSO meeting in Reykjavik in April was dedicated to a discussion of human rights and democratic institutions in a broad sense. Third party participation The CSO drafted a set of "Principles and Guidelines for Third Party Participation in CBSS Activities and Meetings", agreed upon by the Council (ministerial level) by written procedure in February The guidelines and principles define three different categories of participation in CBSS meetings and activities: guest, observer and special participant. It was decided to invite France, United Kingdom, United States and Ukraine as observers to council meetings. BSSSC and UBC were invited as special participants. The CSO has held meetings with representatives from the four observer states to identify areas of more concrete cooperation. Other intergovernmental fora for regional co-operation The Presidency, the CSO and the working groups have maintained and in some cases strengthened the contacts with other regional organisations in particular the Barents/Euro- Arctic Council. Establishment of the CBSS secretariat The permanent international Secretariat of the CBSS started its activity in Stockholm on 15 August The CSO approved the recruitment of staff during the autumn 1998 and the Secretariat was fully staffed (with 7 employees of which one on half time) from 1 January The budgets for 1998 and 1999 were approved by the CSO. The Director has been regularly reporting to the CSO on the activities of the Secretariat. Information Strategy The CSO adopted in June 1998 an information strategy with the purpose of making the CBSS and its objectives better known and to provide access to information produced by CBSS bodies and other actors in the Baltic Sea region. The Chairmanship and the Secretariat have started to implement this strategy. The basis for the information strategy is the CBSS Internet Home page and the newsletter, BALTINFO, edited by the Secretariat. Both have been taken over from the Swedish Prime Minister s Baltic Sea States Support Group. Both sources of

6 information have been re-launched. In addition, the Chairmanship and the Secretariat have had a considerable number of contacts with the media. Planning and Information document In November 1998, the CSO asked the Secretariat to produce a Planning and Information document. A first draft was presented in March. The work will continue with a view to produce a tool for better planning of CBSS activities taking into account other intergovernmental co-operation in the region. CBSS structure and working methods The growth of intergovernmental co-operation among the CBSS member states raises some questions about the relations between the CBSS and the other meetings of ministers. The meeting of the ministers for energy of the CBSS Member states in Stavanger on 1 December 1998 created a new structure (three working groups and a steering committee). The communiqué stated "We have agreed to meet again at ministerial level in Finland in autumn 1999 It should be our aim at that time to integrate the energy collaboration within the framework of the CBSS". The Council decided at its 7 th session in Nyborg in 1998, that "A decision on the provisions for and the establishment of a regular Baltic 21 secretariat, either connected to the HELCOM or the CBSS Secretariat, will be taken no later than July 1, 2000." The CSO has several times had occasion to consider the working methods of the CSO and the working groups. Calls have been made for more efficient working relations. The responsibility of the CSO for co-ordinating the work has been emphasised. It has been noted that the inclusion of new and technically difficult subjects (e.g. civil security) has increased the workload and made it difficult to have relevant experts always present at the meetings. Annex 1 Contacts with regional bodies and organisations and other institutions The following have participated in CSO meetings: Baltic Sea States Sub-regional Co-operation, BSSSC Union of the Baltic Cities, UBC Euroregion Baltica Euroregion Nemunas/Niemen Kaliningrad Oblast Duma Kaliningrad Oblast Administration

7 Mayor of Kaliningrad Mayor of Baltiisk Pskov Oblast Administration Baltic Sea Tourism Commission, BTC Baltic Ports Organisation, BPO Baltic Development Forum The Task Force on Organised Crime VASAB 2010 Baltic Spatial Development Agency Baltic 21 UNHCR Regional Office for the Baltic and Nordic Countries Icelandic Coast Guard Icelandic Ombudsman for Children The Swedish Agency for Civil Emergency Planning (ÖCB) Meetings with other states: France, Ukraine, United Kingdom, United States In addition, the CSO has had one or more meetings with the following institutions forming part of the CBSS Structure: CBSS Commissioner EuroFaculty Baltic Business Advisory Council, BAC Annex 2 Overview of CSO meetings during the Lithuanian presidency

8 The CSO held 7 ordinary meetings during the Lithuanian presidency, , with the following main topics: September in Vilnius: Presentation of the Lithuanian work programme for the CBSS. The work programme of the Working Group on Nuclear and Radiation Safety. Budget, legal status, staffing and other matters related to the establishment of the Secretariat. Relations with third parties. Activities of the CBSS Commissioner October in Stockholm: Presentation on the future of EuroFaculty by the new Director, Professor Arild Saether. Work programme of the Working Groups on Economic Co-operation and the Working Group on Assistance to Democratic Institutions. Follow-up to the conference on Civil Security in Visby. Relations with third parties November in Vilnius: Preparation of a planning and information document. Information strategy of the CBSS. Kaliningrad. Co-ordination of EU financing instruments (Tacis, Phare, Interreg). Relations to third parties February in Kaliningrad: Presentations by the authorities of Kaliningrad Oblast, Kaliningrad city and Baltiisk city. Presentations by other Russian regions. Sub-regional and municipal co-operation. Euroregions and cross-border co-operation. Conditions of travel and visa issues. Financial statements of the CBSS Commissioner. Conclusions on co-ordination of EU financing instruments (Tacis, Phare, Interreg). Establishment of EuroFaculty in Kaliningrad. Conclusions on foreign investments. Co-operation between Kaliningrad Oblast and members of the CBSS March in Brussels: EU policies and programmes in the region. Northern Dimension. Sub-regional and municipal co-operation. Joint meeting with the Baltic Business Advisory Council. Decisions on third party participation April in Reykjavik: Human rights and democratic institutions. Commissioner s survey on freedom of religion and conditions of travel. Rights of the Child. Civil security. EuroFaculty. UNHCR. Meeting with delegations from the United Kingdom and the United States May in Vilnius: Preparation of the ministerial session. Meeting with delegations from France and Ukraine.

9 Annual Report of the Working Group on Economic Cooperation Annual Report of the Working Group in Economic Co-operation (WGEC) Council of the Baltic Sea States July June 1999 I. Introduction The WGEC agreed at its meeting on a work plan based on the main documents of the Riga Summit 1998, Baltic Business Summit 1998, recommendations of Vilnius Ministerial Meeting on Trade and Investments of SME s 1998, different reports and analysis from the business sector and the reports of the previous WGEC working periods. In preparing an Action plan for a Lithuania s chairmanship it was stressed that a clear distinction should be made between the topics to follow-up and those where action on the national and regional level is needed. The WGEC should concentrate on a small number of subjects in order to achieve some practical results. One of the main parts of its work should be implementation and follow-up of the recommendations of the meetings of the Ministers of Trade and Industry and preparation for a next ministerial meeting. II. List of meetings During the work period July June 1999 the WGEC had six meetings. 1. Vilnius, September 24-25, In its first meeting the WGEC discussed an Action Plan for 98/99; developments in border crossing and transit situation, and development of transport systems were discussed (Via Baltica and Transport Corridors). 2. Vilnius, December 7-8, The meeting was mainly dedicated to administrative Barriers to investment. Other topics dealt with: VASAB (Visions and Strategies around the Baltic Sea), Northern Dimension. 3. Helsinki, January 21-22, The WGEC discussed Administrative Barriers to trade and investment, Northern Dimension, co-operation with the Barents Euro-Arctic Council, Survey on implementation of recommendations from Baltic Sea Business Summit 98, VASAB Interrelation of Phare, Tacis Interreg II. 4. Brussels, March 23-24, The WGEC had a joint meeting with CSO and BAC. During the meeting WGEC continued the discussion about Barriers to Trade, Barriers to Investment, Northern Dimension, examined the situation on establishing the SMEs information system, Business incubators and SMEs, Tourism, Future working relations between WGEC, BAC, CSO, Fight against Corruption.

10 5. Stockholm, April 20-21, In its 5 th meeting the WGEC dealt with the following topics: Barriers to Investment, Anti-corruption network of the OECD, Trade Law Seminar, Tourism, Report of Working Group to CSO, Communiqué for Ministerial meeting in Palanga, Next Years activities of Working Group. 6. Kaunas, May 10-11, The meeting was dedicated to the creation and adoption of the annual report to CSO and Communiqué for the Ministerial meeting in Palanga, the WGEC also had a comprehensive exchange of view on Barriers to Investment, Tourism, Next years activities of the WGEC. The Secretariat presented first results on the Survey on implementation of recommendations from Baltic Sea Business Summit 98. All WGEC meetings were chaired by Lithuania. III. Principle findings and recommendations. Administrative barriers to investment. The WGEC discussed the matter in a round table discussion. Representatives of the OECD and IBRD and a rapporteur from the Centre for Markets in Transition at Helsinki School of Economics were present. It was agreed that the investment climate in the Baltic countries and Poland was generally favourable but it was felt that even higher levels of investments could be attracted if certain barriers were removed. Specific recommendations to overcome investment barriers were proposed. The analysis of barriers demonstrated that more weight should be given to the group of policy recommendations aimed at overcoming indirect barriers and barriers in transparency and implementation. The recommendations were endorsed by the WGEC and the CSO. In face of the fact that difficulties with the implementation of investment policy are related to legislative environment, it was proposed to initiate a Study on norms, institutions and business culture around the Baltic Sea. Such a study could be carried out as a joint research project by major universities in individual Baltic Sea countries. The WGEC delegations supported this idea. The Centre for Markets in Transition at Helsinki School of Economics and Business Administration has drafted a research plan and, with the financing from Finland and Sweden, will start the first stage of the project - a Feasibility study. The group is looking for a financial assistance to carry on the Pilot study and, later on, an Extensive study (estimated time frame: ). As the round table discussion did not focus on the issue of barriers in Russia, we expect to get some practical results from the upcoming CBSS/OECD conference in St. Petersburg on the subject of investment conditions in the Russian regions in the Baltic Sea Area. Barriers to Trade. 1) Certification. According to business representatives and economic institutions in the region, one of the most frequently mentioned barriers to trade is mandatory certification. The WGEC initiated a certification experts meeting in order to share experience and information about the reform plans. Certification expert meetings took place in Helsinki and proposed some recommendations which were reported to the WGEC. The meeting called for a closer regional co-operation and recommended to establish a network of conformity assessment bodies in the region in order to facilitate trade flow by the means of mutual recognition..

11 2) Trade legislation. The Ministers of Trade and Economy recommended during their meeting in July 1998 to improve trade and investments by supporting an alignment of trade related legislation and its practical implementation among the Baltic Sea States. A seminar on trade legislation named "International Trade in the 2000s" was held on April in Stockholm. The seminar topics was a mix between abstract juridical issues and concrete examples of ways to proceed in the trade area and the legislative environment of the Baltic Sea Region. During the seminar the countries answered a brief questionnaire. Sweden will analyse the conclusions and present some proposals. 3) Border crossing. Recognising the importance of the border-crossing situation for trade, the Council invited the Conference of Customs Officials in Gdansk in September 1999 to make concrete decisions in setting up time limit and quality goals for customs clearance and border crossing. 4) Survey on Implementation of the recommendations from the Baltic Sea Business Summit. The WGEC decided in December 1998 to do a survey based on the above recommendations. First results of the survey were presented to the WGEC. The WGEC will follow-up on those issues which seem to need further improvement. Small and Medium Sized Enterprises(SME s). The Ministers of Trade and Industry recommended during their July 1998 meeting that joint information guidelines should be formulated and a web-site, linking different information networks, in order to improve the regional market places should be established. Setting up an Information network is under way. The first meeting on establishing the web-site took place in Vilnius in December 1998 and the next expert meeting will be in Stockholm in June Following the Minster s recommendations, a "Baltic Sea Region conference for SME support took place in Karlskrona in September 1998 with the aim to develop co-operation between development agencies in the region. A follow-up meeting took place in Tallinn in March It was agreed to continue to develop the network. Finland will organise he next meeting. The exchange of information on the experience on business incubators recommended by the meeting of Ministers of Trade and Industry is progressing as well. The start-up meeting on business incubators with representatives of the Baltic Sea Region took place in Helsinki, November 18 th, The WGEC took note of the information it had in the report from the meeting. An expert meeting on business incubators is taking place in June in Hamburg. This subject is likely to be on the agenda for the next meeting of ministers for trade and industry and the WGEC asked the German hosts to report the on the results of the meeting.

12 VASAB/Interreg IIc. The representative from VASAB 2010 introduced the topic and elaborated on the difficulties which VASAB is experiencing. The major problem is that it is difficult to co-ordinate the various financing instruments which VASAB relies upon. The main differences between Interreg IIc and Phare/TACIS are related to the objectives of the programmes, eligible area, duration of projects, and the application and selection procedure and the general difficulties of joint financing. The subject of co-ordination of various financing instruments is high on the agenda of the working groups in the Commission but it will take considerable time to come up with results. At the moment the new TACIS program is already undergoing a lengthy discussion process. The conclusions concerning elimination of the difficulties, which have been encountered in co-ordinating funds from Interreg IIC, PHARE and TACIS, were adopted and forwarded to the CSO. Northern Dimension. The WGEC had a long and intensive discussion based on a non-paper on the question of which role the CBSS should play in the Northern Dimension. A summary of this discussion was approved by the Group and forwarded to the CSO. It was stressed that the Northern Dimension is an useful framework to promote mutually reinforcing synergies between the many relevant Community instruments applied in the Baltic Sea Region internally in the Union, in the candidate countries and in Russia. The following discussion during the joint CSO/WGEC meeting in Brussels proved that this subject is of growing importance particularly in light of the upcoming ministerial meeting Helsinki in autumn this year. The WGEC will certainly also have to deal with this topic within next year activities. Development of sustainable tourism in the Baltic Sea region. The importance of tourism in the context of sustainable development in the region is beyond a dispute. The role as an economic factor is widely appreciated and understood. Upon the request of the Baltic Sea Tourism Commission (BTC) for the support of their work on sustainable tourism in the Baltic Sea region we had a discussion on the issue and the BTC submitted to us the program for sustainable tourism in the Baltic Sea Region and explained their goals by elaborating on one of their main projects, i. e. within Agenda 21. It is evident that considerable financial support from national levels is needed. The WGEC notes the request from the BTC to the CBSS to support this concept and the WGEC will elaborate on how to further develop this concept. Fight against corruption. Based on a proposal made during the meeting in Helsinki, the WGEC had received a paper from Latvia regarding a proposal for a network on fighting

13 against corruption. After discussions and the OECD report on their Anti-corruption network for countries in transition, the WGEC agreed not to establish its own anti-corruption network but make use out of the existing bodies. The WGEC contacted the working group on democratic institutions and the Task Force on Organised Crime to discuss how/if they can take over the subject. The Baltic Business Advisory Council. During the year WGEC worked in close contact with the BAC and relations between the WGEC and the BAC has increased. A joint meeting in Brussels proved the value of input from the BAC to our work as one of our most important contact points. The WGEC chairman was invited to participate in the BAC meeting in Stockholm. Now we have a fixed agenda point on the BAC/BCCA reporting to the WGEC about most recent developments and pressing matters. The BAC has had an input and were actively involved in discussions of all relevant issues we took on board. The dialogue by exchanging ideas and proposals should even be more intensified in the future as the institutionalised input from the BAC is a stimulating factor in the area of regional economic co-operation. Relations with relevant international organisations. In order to achieve best results in economic cooperation and not to duplicate the work done by other fora, the WGEC cooperated with other international organisations. The WGEC invited representatives from the OECD and the IBRD to discuss and share their experience on administrative barriers to investment. The OECD presented its Forum for Entrepreneurship and Enterprise Development (FEED) program, introduced the Anti-corruption Network for Transition Countries. Co-operation with economic working group of the Barents Euro-Arctic Council ( BEAC). The chairman of the WGEC participated at the meeting of the BEAC-WGEC. The chairman BEAC-WGEC reported to the CBSS-WGEC on the establishment and development of the Barents Council and pointed to the structural difference between the Barents and the Baltic Council. However, the working agenda of the two bodies is largely similar, for example on trade and investment barriers, where a task force will come up with proposals for the BEAC. It was agreed to have a regular exchange on information about the agenda of major projects. To implement practical working relations, the WGEC agreed that the chairman of the CBSS- WGEC shall participate once a year in a meeting of the Barents WGEC and vice versa. Additional invitations are optional.

14 IV. Follow up of the developments in energy and transport. Transport systems and transit issues. A progress in the development of transport systems was noted by the EC at the International Transport Conference in Klaipeda. However, further development of the growth of trade both in volume and in value is predicted for the Baltic Sea region. Considerable investments in transport infrastructure and their maintenance are required in order to keep up the pace of predicted growth. Means should be examined for improving relevant transport corridors. Energy. The first Energy Ministers meeting in Stavanger in December 1998 confirmed the strong commitment to continue co-operation in the energy sector. It welcomed the recommendations of the Baltic Sea Summit in Riga in January 1998 and initiative of the first Baltic Energy Task Force to develop further co-operation on sustainable energy supplies and networking in the Baltic Sea Region. According to the decisions taken at the Stavanger meeting the international conference on investment in energy in the Baltic Sea Region took place in Riga in April 1999, emphasising the momentum of further energy networking. Strengthening of the co-operation between energy authorities, encouraging public and private investments, transition to environmentally sound energy sources, energy efficiency, linking electricity and gas networks are the key factors of the joint work programme. Preparations for a meeting of Ministers for Energy in Helsinki in October 1999 reflects the growing importance of energy supplies for the Baltic Sea region. V. Suggestions for the future chairmanship The WGEC started the discussion on the next years activities already during the meeting in Brussels to ensure the continuity of work. The following points for the next year s activities were proposed: A follow up on the Survey on business recommendations, An investigation on possible co-operation with the BEAC in specific areas, To ensure progress with the Hirvensalo report on barriers to investment. To investigate on the establishment of an IT-network The 2h 2000 proposal by the BAC

15 Barriers to financing as suggested by the BAC The preparation for the ministerial meeting in Bergen Northern Dimension and the role of the CBSS Norway proposed its draft working plan for the next year at the meeting in Kaunas May The WGEC will finally agree on the working plan at the next meeting in Oslo in mid September and then forward it to the CSO. Discussed and adopted by the WGEC meeting on 11 May N. Zambaité, Chairman of the WGEC

16 Annual Report of the Working Group on Democratic Institutions COUNCIL OF THE BALTIC SEA STATES WGDI 12 May 1999 DEVELOPMENT OF DEMOCRATIC INSTITUTIONS AND HUMAN RIGHTS IN THE BALTIC SEA REGION Report of the CBSS Working Group on Assistance to Democratic Institutions I Introduction Institutional arrangements Ever since the Council of the Baltic Sea States (CBSS) was established, the Working Group on Assistance to Democratic Institutions (WGDI) has operated as one of the three working groups under its auspices. According to its mandate, the WGDI has to study and report on obstacles to democratic institutions develop democratic institutions in the Member States in transition and make recommendations in this respect engage in information sharing in the area, enhance people-to-people contacts and the role of local self-government, and study the feasibility of establishing a forum for legal co-operation between the members of the CBSS with the task of developing a legal system and refining the law in the region. As can be seen, the Working Group has a broad and comprehensive mandate. This provides a lot of versatility in tackling the needs for assistance to democratic institutions in countries of the Baltic sea region. All Member States of the CBSS, as well as the European Commission, have participated in the activities of the Working Group. At first, there was no standing chair in the WGDI, it was chaired by a representative of the state where the Group held its meeting. In 1994 and 1995 the chair was held by Sweden. Since then, the chair has been held, for one year at a time, by Poland, Denmark, Latvia and, at present, Finland. There is no doubt that the most important duty of the Working Group has been the drafting work which led to the establishment of the post of the CBSS Commissioner and to the opening of his activities on 1 October After this achievement, the Working Group has dedicated itself to quite practical work: It has planned and organised seminars and training sessions on democratic institutions and human rights, evaluated the results, arranged study visits and promoted closer contacts with non-governmental organisations. The Working Group has also developed co-operation with the CBSS Commissioner.

17 During the last three chairmanships, the scope of activity of the Working Group has expanded to areas other than democratic institutions and human rights (e.g. Civil Security and educational activities in the region). This expansion has taken place primarily because, so far, the Council has not deemed it appropriate to establish new Working Groups. The CBSS Commissioner The establishment of the post of the CBSS Commissioner and his office in Copenhagen laid the groundwork for a completely new approach to the development of democracy and human rights in CBSS Member States. The first three-year term of the CBSS Commissioner commenced on 1 October In 1997, he was reappointed for a term ending on 1 October The Commissioner has a comprehensive mandate, giving him quite a free hand in the promotion of the democratic development and human rights in the region. Indeed, the Commissioner has enhanced the democratic development of the Baltic sea region by maintaining dialogue with non-governmental organisations, carrying out visits to the Member States, as well as through day-to-day contacts and by compiling numerous reports on the status in the Member States and by issuing recommendations on the basis of the reports. For instance, he has touched upon the Ombudsman system, children s rights, non-nationals rights and the human rights of military personnel. Relation to other international organisations Since the establishment of the CBSS, the international co-operation on democratic institutions and human rights in Europe has undergone changes and adopted or about to adopt new forms. Naturally, such changes have an effect on the CBSS and its work for the development of democratic institutions and human rights. Firstly, all Member States of the CBSS have become members also of the Council of Europe, whose human rights monitoring mechanism has been altered by the establishment, on 1 November 1998, of a permanent and full-time European Court of Human Rights. In addition, the creation of a new human rights organ, the Council of Europe Commissioner for Human Rights, is pending in that organisation. The idea is that the Human Rights Commissioner would be a non-judicial institution which would complement the activities of the European Court of Human Rights in a flexible manner. Secondly, the "human dimension" of human rights, democracy and rule of law is a consistent factor also in the work of the Organization for Security and Co-operation in Europe (OSCE). In the context of OSCE, human rights are treated as a part of other political activity. The organisation has its own institutions to carry out its duties. For instance, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) operates in Warsaw. In addition, there is the OSCE High Commissioner for National Minorities, whose duty it is to pre-empt conflicts arising from violations of minority rights by taking up the issue at the earliest possible moment. In December 1997, the organisation appointed its first ever Representative on Freedom of the Media, whose duty it is to monitor the realisation of the freedoms of speech and the media.

18 Thirdly, human rights have an important position in the work of the European Union. The EU adopts positions and decides on measures arising from human rights violations regularly and promptly. The significance of the EU in the Baltic Sea Region has increased as a result of the accession of Finland and Sweden to the Union as from the beginning of The EU has also developed its own fundamental rights dimension by the Treaty of Amsterdam signed on 2 October In addition, the enlargement process is under way also with four other member states of the CBSS. The concept of the "Northern Dimension" has also been brought up in the discussions in this field. The governing principle in the work of the CBSS on assistance to democratic institutions and development of human rights is a sensible division of tasks with other international organisations. This principle has been spelled out in the mandate of the CBSS Commissioner: the Commissioner is expected to co-operate with the international organisations active in the same fields, so as to avoid redundancy. Of course, such a division of tasks may be difficult to lay down at a general level. Regardless of this problem, some points are put forward in the following. In all, one of the most significant area of activity of the CBSS is assistance to democratic institutions and promotion of the rule of law. Human rights and, as a part thereof, the status of national minorities, are linked to this main area of activity. The Council does not attempt to regulate human rights, but to promote the realisation thereof. One of the methods to achieve this is the support provided to non-governmental organisations. The CBSS Commissioner deals with more and more complaints from private individuals nowadays. This is partly because of the insufficient national remedies in the Member States. Therefore, the developing of national mechanisms, such as national ombudsmen, is an important objective in the field of assistance to democratic institutions and promotion of the rule of law. The lines drawn above are indicative at best. Therefore, the natural next step is to examine the current issues in the CBSS at the turn of the Millennium. II Agenda for development The groundwork for an agenda for development and for the prioritisation of the issues was laid down in Copenhagen on February 1998, during the Round Table on Democracy and Human Rights in the Baltic Sea Region, arranged by the CBSS Commissioner in cooperation with the Latvian chair of the CBSS Working Group on Assistance to Democratic Institutions. Some 50 representatives from governments and parliaments of CBSS Member States participated in the discussions. The result was the following Agenda on Democracy and Human Rights for the Baltic Sea Region, comprising 14 points: Democratic Institutions 1. National Ombudsman institutions. Strengthening the ombudsman institutions and promoting co-operation and meetings between such institutions in the Baltic sea region. Encouraging the establishment of ombudsmen for children and other vulnerable groups of society.

19 2. Complaints handling bodies. In view of the often slow and costly process of bringing complaints against the police before a court of law, it is considered important that the population has quick and adequate access to filing such complaints and a possibility to obtain redress by an independent organ in case of alleged police abuse. 3. Local democracy. For the purpose the strengthening local democracy and providing clear and adequate information to the citizenry, it may be considered to establish citizens offices on a local or municipal level as an easy and cheap means of meeting the needs of the population for information. 4. Non-governmental organisations. Creating forms of co-operation and interaction between the state and civil society with the purpose of utilising the resources and expertise of non-governmental organisations and to promote conditions for their establishment. 5. Parliamentary co-operation. Considering ways and means of strengthening the work and structures of the Baltic sea Parliamentary Conferences and to encourage parliamentarians to take an active part in providing solutions to the problems of our region. 6. Open democracy. Considering limitations to the use of presidential decrees from the point of view of strengthening an open democracy. 7. Human rights awareness. Arranging seminars on law-making in order to improve the transparency of legislation and human rights. Arranging seminars for parliamentarians in human rights and legislative practices and to familiarise the national legal system with international law and structures for human rights protection. Considering the need for enhancing human rights awareness at the governmental level; appointment of a minister for human rights may increase such awareness in the process of preparing legislation, provided that the minister is equipped with sufficient authority. The appointment of a minister for nationalities/minorities could be of importance in a similar way. Other structures for raising awareness and providing suitable fora for minority issues could be the Advisory Councils. 8. International human rights protection. Considering that the establishment of a Commissioner on Human Rights in the Council of Europe could be of importance in order to alleviate the burden in member states of preparing costly and lengthy procedures before the European Court of Human Rights without in any way infringing upon the competence of this organ. Issues of Human Rights 1. Protection of persons belonging to minorities. Further implementation of the objectives under the Council of Europe Framework Convention for National Minorities to strengthen and secure the protection by establishing the concept of minorities according to objective criteria. To promote fair national procedures including access to the judiciary in determining the question whether a certain group should be considered a national minority. 2. Citizenship. Encouraging a common approach within the CBSS to the preconditions (including the necessary time of residence) of obtaining citizenship. Investigating the legal consequences of obtaining citizenship, compared with the legal rights and duties for resident non-citizens of different categories. 3. Criminal justice. Further improvement of the regimes of all kind of closed institutions for people deprived of their liberty with special attention paid to institutions for prisoners, persons accused of crimes and asylum seekers.

20 4. Military spokesmen. Encouraging the Member States to introduce general procedures for military spokesmen as focal points for the conscripts common articulation and communication points regarding their conditions in the armed forces and/or the extension of ombudsmen or other independent complaints-handling bodies to meet these needs. 5. Voting rights for non-citizens. Making efforts to widen popular participation in political life at the local level, including the right to vote in local elections and to membership of political parties. 6. Abolition of death penalty. Compile existing scientific material, arranging seminars, etc. about general preventive effect, or the lack of such effect, of capital punishment. Agenda of the Working Group on Assistance to Democratic Institutions during the Finnish Chairmanship The above agenda laid down in Copenhagen in 1998 forms the most important starting point for the activities of the WGDI during the Finnish chairmanship in During that period, it was the objective of the Working Group to: 1. carry on with the examination of the inherited matters and to see to their monitoring; 2. concentrate especially on issues relating to democratic institutions and to disseminate information thereon; 3. promote dissemination of information on the European Union activities; 4. start with the drawing up of a long-term plan for the promotion of democratic institutions in the Baltic sea region; 5. maintain close contact with the CBSS Commissioner; and 6. familiarise itself with the special characteristics of the Finnish system. The following eight subject areas have been discussed in the meetings, mini seminars, round tables and study visits during the Finnish chairmanship: (1) the Constitution, the Parliament and legislative drafting, (2) fundamental rights and human rights, (3) electoral and participation rights, (4) administration and self-government, (5) non-governmental organisations, (6) co-operation on Civil Security issues, (7) children s issues, including sexual exploitation of children and children s ombudsmen, and (8) the EuroFaculty. Such broad themes are no doubt what the work of the Group must concentrate on, although Civil Security issues and EuroFaculty are not really human rights or democracy issues in their strict sense. 1. The Constitution, the Parliament and legislative drafting The Constitution was an important theme of the Finnish chairmanship. The issue is a topical one, as on 12 February 1999 the Finnish Parliament adopted a new Constitution of Finland, intended to enter into force on 1 March Even though the subject-matter of the examination is the Constitution of a single country, it no doubt has also more general application the Constitution being the most important legal measure in any state, reflecting its central values and particular legal culture. The theme should be developed within the CBSS. The Finnish Constitution will be publicised as effectively as possible. It will be made available, not only in Finnish and Swedish, but also in English, French, German and Russian.

21 The solutions found in the drafting of this Constitution may well be useful when CBSS Member States have to consider amendments to their own constitutions owing e.g. to their accession to the European Union. The most important state institution is a democratically elected Parliament. Accordingly, the 200-member Parliament of Finland and its operations were looked into during the Finnish chairmanship. The Working Group has already earlier studied the Parliaments of Estonia, Sweden, Denmark, and Iceland. The working procedures of the Parliaments of the Member States of the Council are hugely variable, the main differences being in the drafting and enactment procedures. In 1995, a two-day seminar on law drafting was arranged in Finland. The objective this time is to develop on the theme, with considerably more ambitious aims. The CBSS Commissioner, supported by the WGDI, will be launching a project in 1999 under the heading, Programme for the Strengthening of Democratic Processes in the Baltic Sea Region with Particular Emphasis on Quality Legislation. The programme will be carried through a series of seminars in the Member States (Denmark, Estonia, Lithuania, Latvia, Poland and Russia) with the primary participation being from the national Parliaments; the emphasis will be on combining general issues with existing legislation and parliamentary procedures in the countries in question. The WGDI will provide the Commissioner with organisational and information assistance in carrying out the programme and act as a partner to the Commissioner in applying for funds for the programme. Within the outline programme of the seminar, four main themes will be addressed: Strengthening the quality of legislation and the capacity of Parliaments to deal with complicated legislative issues and legal reforms. Enhancing human rights knowledge among parliamentarians. Increasing the capacity of national Parliaments to handle legislation related to EU membership. Strengthening the legal protection of citizens. 2. Fundamental Rights and Human Rights Another broad category of interest is formed by issues of fundamental rights and human rights; during the Finnish chairmanship these were discussed in a mini seminar, whose aim was to make an excursion into certain rights from the point of view of the basic rights reform enacted in Finland in More specifically, the following issues were discussed: realisation of fundamental rights from the citizens viewpoint, access to information and right of assembly. It may be necessary to continue the discussion on fundamental rights. A good basis for such continuation could perhaps be provided by the follow-up seminar on the Finnish basic rights reform, to be arranged in the autumn of In addition, economic, social and cultural rights could form a new theme of interest for the future. Fundamental rights and human rights cannot be considered in isolation from the monitoring of their realisation. This is essentially a task for the national ombudsmen. The Finnish chairmanship has provided an insight into the institutions of ombudsman and chancellor of

22 justice in Finland; the tasks of the two overlap to a certain extent. In particular, both are charged with the monitoring of the realisation of fundamental rights and human rights. We should carry on with this theme also in the future. In addition, we should follow closely the development of the special ombudsmen (such as the children s ombudsman) in the Member States. Most of the reports initiated, prepared and issued by the CBSS Commissioner touch upon fundamental rights and human rights. The reporting method, which has provided an insight into the human rights situation in Member States, has proved to be both practical and effective. It should therefore be maintained. The WGDI has continued with the existing tradition of including selected surveys of the Commissioner as separate topics on the Group agenda. This should be done on a regular basis and follow a certain logic, which should be coordinated with the Commissioner. By these discussions, the WGDI aims to assist the Commissioner in monitoring the realisation of his recommendations on a general level. 3. Electoral and participation rights The electoral and participation rights of the citizens were the theme of one mini seminar during the Finnish chairmanship. This theme, vital to the functioning of democratic institutions, covers two main issues: elections and referenda. An election is the single most important manifestation of representative democracy. It is, however, rife with difficult issues: who has the vote? how to persuade the citizens to use their right to vote? how to ensure the security of elections? and how best to implement fair proportional representation? As an institution, a referendum is fundamentally different from an election. Direct democracy is treated differently in different Member States. In many of them, a referendum has been the national measure of choice when issues of high political significance are to be decided. One such issue is e.g. accession to the European Union and to the fundamental instruments drawn up in that context. At the municipal level, a referendum provides a channel for the members of the municipality to participate in the decision-making. Its use has varied between the Member States. Taken as a whole, electoral and participation rights form an important and difficult sector from the point of view of democratic institutions. The pertinent questions should be further examined among the Baltic Sea States. As also the OSCE has stressed the importance of elections, and especially electoral monitoring, in its work, the CBSS could perhaps concentrate on the evaluation of the referendum as an institution. After all, the issue will inevitably arise in a number of Member States as they prepare for accession to the EU. 4. Administration and self-government Good and effective administration is imperative for the functioning of democratic institutions. The Council has already touched upon issues of local self-government. For instance, a seminar on this topic was arranged in Sweden. During the Finnish chairmanship, a round table was held on the topic of good administration and efficiency in administration. The discussions covered the pertinent general principles and the specific issue of privatisation. Of course, this